Effective	01JAN2018
Filed	01JAN2018
Filing Codes	I

6.1   The following is a sample copy of Carrier's bill of lading:
  
CONDITIONS OF CARRIAGE 
1. Definitions 
" Carrier " means American Cargoservice, Inc., the carrier named on
Page 2 (Face side hereof) and on whose behalf this Bill of Lading has
been signed, the vessel, her owner, operator, demise charterer, time
charterer, voyage charterer, space or slot charterer, subcarrier and
substitute carrier, whether acting as carrier or bailee.
  
" Merchant" means the shipper, consignee, receiver, holder of the
Bill of Lading, owner of the cargo or person entitled to the
possession of the cargo and the servants and agents of any of these,
all of whom shall jointly and severally be liable to the carrier for
the payment of all charges, and for the performance of the
obligations of any of them under this Bill of Lading.  
  
" Goods" means the cargo received from the shipper and described on
Page 2 (Face side hereof) and any Container or Cargo not supplied by,
or on behalf of the Carrier.  
  
" Container" means any container, van, trailer, flatbed,
transportation tank, railroad car, truck, vehicle, flat, pallet,
skid, platform, cradle, sling-load or any similar article of
transport.  
  
" Carriage" means the whole of the operations and services undertaken
or performed by or on behalf of the Carrier in respect to the Goods. 
  
" Combined Transport" or " Intermodal Transport" arise where the
Carriage covered by this Bill of Lading is not Port to Port
Transportation only.  
  
" Port to Port Transport" arises where the " Place of Receipt" and
the " Place of Delivery " as per Page 2 (Face side hereof) do not
show an entry, but the columns " Port of Loading" and "Port of
Discharge" do.  
  
" On Board" or similar words endorsed on this Bill of Lading mean
that in a Port to Port shipment, the Goods have been loaded on board
one of the Carrier's vessels. In the event of Combined or Intermodal
Transportation, the originating Carrier is an Inland Carrier (like a
Trucker or a Railroad), which means that the Goods have been loaded
on board Rail cars or another mode of Transportation at the Place of
Receipt, or are in the custody of a participating Carrier en route to
the Port of Loading named on page 2 (Face side hereof).  
  
" Vessel" means the ocean vessel named on Page 2 (Face side hereof)
and any substitute vessel, feeder ship, barge or other means of
conveyance by water used in whole or in part by the Carrier.  
2.Carrier's Tariff The Goods carried under this Bill of Lading are
subject to all Terms and Conditions of the Carrier's applicable
Tariff or Tariffs on file with the U.S. Federal Maritime Commission
(FMC) or any other Regulatory Body which governs a particular Portion
of the Carriage. 
  
Copies of such Provisions are obtainable from the Carrier or his
Agents, or, upon Request, from the Regulatory Government Body. In the
event of any Conflict between the Terms and Conditions of such Tariff
or Tariffs and the Terms and Conditions of this Bill of Lading, this
Bill of Lading shall prevail.   
  
3. Warranty The merchant warrants that in agreeing to the Terms
hereof, he is the Agent of and has the Authority of the Person owning
or entitled to the Possession of the Goods, or any Person who has a
present or future interest in the Goods covered by this Bill of
Lading.   
  
4. Negotiability & Title to the Goods This Bill of Lading shall be
non-negotiable unless made out "To Order" in which event it shall be
negotiable and shall constitute Title to the Goods and the Holder
shall be entitled to receive or to transfer the Goods described on
Page 2 (Face side hereof). If this is an Express Bill of Lading and
is so Stipulated on Page 2 (Face side hereof), this Express Bill of
Lading shall be non-negotiable. It cannot be made out "To Order" and
does not constitute Title to the Goods. At destination at either "
Port of Discharge " or " Place of Delivery " the Goods will be handed
over by the Carrier, or his Agents or its Servants, to the Party
mentioned to be the "Consignee" in the respective column on Page 2
(Face side hereof). The Express Bill of Lading has not been issued
with Originals and Copies thereof, so the Goods will be delivered
without the Consignee having to present this document to the Carrier,
his Agents or his Servants. All other Rights, Immunities and
Conditions mentioned in this contract remain unchanged.  
  
5. Certain Immunities and Rights The Carrier shall be entitled to
sub-contract on any Terms the whole or any Part of the Carriage. No
Servant or Agent of the Carrier shall have the power to waive or vary
any of the Terms and Conditions hereof unless such Waiver or
Variation is in writing and is specifically authorized or ratified in
writing by a Director or Officer of the Carrier who has the actual
Authority of the Carrier to waive or vary. If any provision in this
Bill of Lading is held to be invalid or unenforceable by any Court or
Regulatory Agency or Body, such Invalidity or Unenforceability shall
attach only to such Provision. The Validity of the remaining
Provisions shall not be affected thereby and this Bill of Lading
Contract shall be carried out as if such invalid or unenforceable
Provision were not contained herein. The merchant shall defend
Indemnity and hold harmless the Carrier against any Claim or
Liability (and any Expense arising therefrom) arising from the
Carriage of Goods insofar as such Claim or Liability exceeds the
Carrier's Liability under this Bill of Lading. The Defense and Limits
of Liability provided in this Bill of Lading shall apply in any
Action against the Carrier, whether the Action be found in contract
or in Tort.  
  
6. Carrier's Responsibilities and Rights For Port to Port
Transportation the Carrier shall be responsible for the Goods from
the time received at the Port of Loading until delivered (or should
have been delivered) at the Port of Discharge subject to the
provisions of any Legislation compulsorily applicable which gives
effect to the Hague Rules contained in the International Convention
for the Unification of Certain Rules Relating the Bills of Lading,
dated at Brussels, August 25, 1924, including adaptions thereof such
as the Carriage of Goods by Sea Act of the United States of 1936
(hereafter COGSA) or gives effect to the said Rules as amended by the
Protocols To Amend the International Convention for the Unification
of Certain Rules of Law Relating to Bills of Lading, dated February
23, 1968 (hereafter the Hague Visby Amendments), or where the Hague
Rules, adaptions thereof (COGSA), or Hague Visby Amendments are not
compulsorily applicable, this Bill of Lading shall take effect
subject to any national Law which is in force at the Port of Loading
or Place of Issue of this Bill of Lading making the United Nations
Convention on the Carriage of Goods by Sea 1978 (hereafter the
Hamburg Rules) compulsorily applicable. This shall nullify any
Stipulation derogating therefrom to the Detriment of the Merchant.
The applicable Legislation shall govern during the Carrier's entire
period of Responsibility. In the Absence of compulsorily applicable
Legislation, COSGA shall govern. For Combined Transport or Intermodal
Transport the Carrier shall be responsible for the Goods - and liable
for loss or Damage to the Goods - from the Time that the Goods are
taken into his Custody until the Time of Delivery, but subject to the
extent set out as follows: With respect to the Transportation in the
United States from the Place of Receipt to the Port of Loading or
from the Port of Discharge to the Place of Delivery, the
Responsibility of the Carrier shall be to procure Transportation by
Carriers (one or more), and such Transportation shall be subject to
the applicable inland laws for the Fulfillment of such inland
Carrier's Obligation under its Contracts and Tariffs. In all other
cases of Inland Transportation, the Liability of the Carrier shall be
determined by the Provisions contained in any International
Convention or national Law of the Country in which Provisions cannot
be departed from by private contract to the detriment of the
Merchant, and would have applied if the Merchant had made a separate
and direct contract with the Carrier in respect of the particular
stage of Carriage where the loss or damage occurred and had received
as evidence thereof any particular document which must be issued in
order to make such international convention or national law
applicable. Where neither 6.(2) a) or b) or c) apply, any liability
of the Carrier shall be determined in accordance with 6.(1) hereof.
The Limitation of Liability, except as otherwise provided in this
Clause, and except as provided under any compulsorily applicable Law,
including, if compulsorily applicable, the Hamburg Rules, shall be
limited to U.S. Dollar 500 per COSGA per Package or customary freight
unit unless the nature of the Cargo and Valuation is higher than U.S.
Dollar 500 per Package or per customary freight unit if such has been
declared by the Merchant before Shipment and inserted in this Bill of
Lading, and extra Freight paid, if requested. In such Case, if the
Limitation Amount shall exceed the declared Value of the Goods, the
Carrier's Liability, if any, shall not exceed the declared Value. In
those cases where the Hamburg Rules are compulsorily applicable the
Carrier's Liability for loss or damage of the Goods covered by this
Bill of Lading shall not, in any event, exceed U.S. Dollars 2.00 per
Kilogram of gross weight of the Goods lost or damaged. The wording "
Package or customary freight unit" means, as defined in the Hague
Rules and the adaptions thereof, and mentioned on page 2 (Face side
hereof), a Container as defined in Clause 1.d). The carrier shall,
notwithstanding which legislation is applicable for the Carriage, be
entitled to the benefit of Sections 4281 through 4287 of the Revised
Statutes of the United States and Amendments thereto, as if the same
were expressly set out herein. If the shipment specified on Page 2
(Face side hereof) of this Bill of Lading is a "Less-than-Container-Load"
(LCL) Shipment which is stuffed/stowed by the Carrier or a contractual
partner of the Carrier on the Carrier's Behalf, the Carrier's combined 
Liability for Loss or Damage is restricted and is not to exceed the 
Amount of the Freight due the Carrier unless a Valuation higher than 
this Restriction has been declared by the Merchant before Shipment and 
inserted in this Bill of Lading, and extra Freight paid, if requested. 
  
Except where applicable Legislation requires otherwise, the Carrier 
shall under no Circumstances be liable for direct, indirect, and / or 
consequential Loss or Damage caused by Delay or any other Cause 
whatsoever and however caused. The Carrier or any Person authorized by 
the Carrier shall be entitled, but under no Obligation at any time, to 
inspect the Contents. If it thereupon appears that the Contents or any
 Part of it cannot safely or properly be carried or carried further, 
either at all or without incurring additional Expenses, the Carrier may
abandon the Transportation thereof and / or take any Measure and / or
incur any reasonable additional expense to continue the Carriage or
to store the same, which Storage shall be deemed to constitute due
Delivery under this Bill of Lading. The Merchant shall indemnify the
Carrier against any additional Charges so incurred, unless due solely
to Carrier's Fault.  
  
The Freight amount applicable and / or all other Charges to be linked
to the Carriage as specified on Page 2 (Face side hereof) of this
Bill of Lading have been calculated on the basis of Particulars
furnished by or on behalf of the Merchant. The Carrier shall be
entitled, at any Time, to inspect, reweigh, remeasure or revalue the
Contents and, if any of the Particulars furnished by the Merchant are
incorrect, the Charges, including but not restricted to the Freight,
shall be adjusted accordingly and the Merchant shall be responsible
to pay the correct Charges and all Expenses incurred by the Carrier
in checking said Particulars or any of them. The Freight and Charges
shall be deemed fully earned on Receipt of the Goods by the Carrier
and shall be paid without any set-off, counter claim, deduction or
stay of execution and be non returnable in any event. The Merchant
shall defend, indemnify and hold the Carrier, any Participating
Carrier, their Agents and Servants, harmless from and against all
Liability, Loss, Damage and Expense which may be substituted or
incurred by the Carrier or its Agent relative the above, including
Court and Attorney's fees necessarily incurred to collect overdue
Freight and Charges.  
  
The Carrier shall have a Lien on the Goods as specified on Page 2
(Face side hereof) of this Bill of Lading and any Documents relating
thereto for all sums due under this Carriage. The lien shall also
extend to General Average Contributions as per Clause 16, Salvage and
the Cost of recovering those Sums, inclusive of Attorney's fees, and
shall survive Delivery of the Goods. Such Lien may be enforced by the
Carrier by public or private Sale at the Expense of and without
Notice to the Merchant.  
  
The Merchant will be notified by the Carrier or its Agents about the
Arrival of the Goods, however: Any mention herein of Parties to be
notified of the Arrival of the Goods is solely for information
Purposes, and Failure to give such Notification shall not involve the
Carrier or its Agents in any Liability nor relieve the Merchant of
any Obligation hereunder. If Delivery of the Goods or any part
thereof is not taken by the Merchant when and where and at such Time
and Place as the Carrier is entitled to have the Merchant take
Delivery, the Goods shall be considered to have been delivered to the
Merchant, and the Carrier may, at this Option, subject to the Lien
and without Notice to the Merchant, elect to have the Goods remain
where they are or sent to a Warehouse or any other Place deemed
appropriate, vanned or devanned, always at the Risk and Expense of
the Merchant and the Goods. The Carrier may transport Livestock, but
if so decided and stated on Page 2 (Face side hereof) of this Bill of
Lading, the Carriage does not include any Responsibility on the part
of the Carrier for Loss or Damage of whatever Nature arising during
Carriage by Sea or Land or inland Waterway caused by any Cause
whatsoever, including Negligence. The Merchant shall defend,
indemnify and hold harmless the Carrier against all and any extra
Costs incurred for any Reason whatsoever in Connection with Carriage
of Livestock.  
  
7. Method & Route of Transportation Without derogating from the
Carrier's Obligation to carry out the Carriage as specified on Page 2
(Face side hereof) of this Bill of Lading and subject to its Terms
and Conditions, the Carrier may at any Time and without Notice to the
Merchant: use any Means of Transport or Storage whatsoever; transship
or carry on another Vessel or Conveyance than that mentioned on Page
2 (Face 2 side hereof)utilize on or under Deck Transportation for the
Whole or Part of that Carriage; proceed by any Route in its sole and
absolute Discretion and whether the nearest, most direct, customary
or advertised Route or in or out of geographical Range; omit calling
at any Port, whether scheduled or not;devan and / or store the Goods
carried at any Place whatsoever, ashore or afloat, in the open or
covered; proceed with or without Pilots; carry Goods of any and all
kinds, whether dangerous and hazardous or not; dry-dock or stop at
any unscheduled Port for Bunker, Repairs or for any Purpose
whatsoever; comply with any Orders, Directions or Recommendations
given by any Government or Authority or by any Person or Body acting
or purporting to act with the Authority of any Government or
Authority or having under the terms of the Insurance of the Vessel or
other Conveyance employed by the Carrier the Right to give such
Orders, Directions or Recommendations; take any other Steps or
Precautions as may appear reasonable to the Carrier under specific
Circumstances. The Liberties and Rights set out in Subdivisions a)
through k) may be invoked for any Purpose whatsoever, even if not
connected with the Carriage covered by this Bill of Lading. 
Any Action taken or omitted to be taken, and any Delay arising
therefrom, shall be deemed to be within the contractual and
contemplated Carriage and not be an unreasonable Deviation of
whatsoever Nature or Degree.  
  
8. Matters affecting Performance If at any Time the Carriage is or,
in the Judgment of the Carrier, is likely to be affected by any
Hindrance, Risk, Strike, Delay, Difficulty or Disadvantage of any
kind, including but not restricted to the Condition of the Goods,
whenever and however arising, whether or not the Carriage has
commenced, the Carrier may without Notice to the Merchant: abandon
the Carriage of the Goods and wherever reasonably possible place the
Goods or any Part of them at the Merchants Disposal at any Place
which the Carrier in respect to such Goods shall select; forward or
transship the Goods, vanned or devanned, to their intended
Destination or retain them on Board, vanned or devanned, until the
return of the Vessel to the Port of Loading or Port of Discharge or
any other reasonable Point, always with Regard to the Circumstances
and the Nature of the Goods. Notice of the Carrier's Election and
Disposition of the Goods shall be sent to the Merchant (shipper,
Consignee, Receiver, Holder of this Bill of Lading, Owner of the
Goods or Person entitled to Possession of the Goods insofar as they
are identified or the Carrier is aware of their names and addresses).
In any event, the Carrier shall be entitled to full Freight and
Charges for the Carriage and any additional freight and charges and
all other expenses incurred by or on behalf of the Carrier, all of
which shall be due and owed by the Merchant and the Carrier shall
have lien on the Goods for same.  
  
9. Merchants Responsibilities The Merchant warrants to the Carrier
that the Description and Particulars of the Shipment as specified on
page 2 (Face side hereof) of this Bill of Lading are correct. Neither
the Carrier nor its Agents and Servants shall be liable for the
Correctness of any Marks, Descriptions or other Representations
furnished or made by or on Behalf of the Merchant or appearing on the
Goods or Documents relating to the Goods. Also the Merchant: shall
comply with all applicable Laws, Regulations, and Requirements of 
Customs, Port and other Authorities and shall bear and pay all Duties,
Taxes, Fines, Imposts, Expenses and Losses incurred or suffered by any 
reason thereof or by reason of any illegal, incorrect or insufficient
Description, Marking, Numbering or Addressing of the Goods;
undertakes that the Goods are packed in a Manner adequate to
withstand the ordinary Risks of Carriage having Regard to their
Nature and in Compliance with all Laws, Regulations and Requirements
which may be applicable; shall be liable for the Loss, Damage,
Contamination, Soiling, Detention or Demurrage before, during and
after the Carriage of Carrier's Property including, but not limited
to Containers. This Liability extends to Property owned by Parties
which are / have been utilized by the Carrier to conclude the
Carriage as documented on Page 2 (Face side hereof) of this Bill of
Lading; shall not tender to the Carrier Goods which are or may become
dangerous, inflammable or damaging or which are or may become liable
to Damage any Property or Person whatsoever for Carriage without the
Carrier's express Consent in writing and without the Container in
which the Goods are to be transported and the Goods themselves being
distinctly marked on the outside so as to indicate the Nature and the
Character of any such Goods and so as to comply with all applicable
Laws, Rules, Regulations and Requirements; shall defend, indemnify
and hold harmless the Carrier against any Loss, Damage, Claim,
Liability or Expense whatsoever arising from any Breach of the
Provision in this Clause 9. or from any Cause in Connection with the
Goods for which the Carrier is legally not responsible.  
  
10. Container & Containerized Cargo and/or any Goods may be stowed
into or on Containers either by the Carrier or its Representatives,
Agents or Servants, or by the Merchant or his Representatives or on
Merchants behalf by a third party. If a Container is stuffed (stowed)
by the Carrier or its Representatives, Agents or Servants on his
behalf, the Goods of the Merchants may be stuffed with other Goods;
If a Container is stuffed (stowed) by or on Behalf of the Merchant by
a third Party or his Representatives, and in Connection with or
arising out of the Supply of a Container by the Carrier or its Agents
to the Merchant, whether supplied before or after the Goods are
received by the Carrier or delivered to the Merchant, the Carrier
shall not be liable for Loss of or Damage to the Goods: caused by the
Manner in which the Container has been stuffed; caused by the
Unsuitability of the Goods for Carriage in Containers; caused by the
Unsuitability or defective Condition of the Container, provided that
where the Container has been supplied by or on Behalf of the Carrier
this Paragraph (iii) shall only apply if the Unsuitability or
defective Condition arose without any due Diligence on the Part of
the Carrier; would have been apparent upon reasonable Inspection by
the Merchant at or prior to the Time when the Container was stuffed;
if the Container is not sealed at the Commencement of the Carriage
except where the Carrier has sealed the Container. The Merchant shall
defend, indemnify and hold harmless the Carrier against any Loss,
Damage, Claim, Liability or Expense whatsoever arising from one or
more of the Matters covered by paragraph 2) a) without the Clause 2)
a) (iii)(1) above. Where the Carrier is requested by the Merchant to
provide a Container, in the Absence of a specific written request for
a Refrigeration Container, it will not be furnished by the Carrier
unless expressly contracted for in writing at Time of Booking and,
when furnished, may entail increased Freight and Charges. When such a
Container is tendered by the Carrier as agreed to, the Merchant must
provide the Carrier with the desired Temperature Range, and Carrier
is to exercise due Diligence to maintain the Temperature of
Atmosphere-controlled Containers even if not owned or leased by the
Carrier or its related Companies.  
  
11. Delivery & Notification When the Goods specified on Page 2 (Face
side hereof) of this Bill of Lading have been delivered in accordance
with the Contract of Carriage this Bill of Lading represents, the
Carrier shall be deemed "prima facie" to have delivered the Goods In
good Order and Condition unless Notice of Loss or Damage and the
general Nature of such Loss or Damage is given in writing to the
Carrier or his Agent or Representative at the Place of Delivery
before or at the Time of the Removal of the Goods into the Custody or
the Person entitled to Delivery thereof under this Bill of Lading; If
the Loss and / or Damage to the Goods is not apparent at the Time of
Delivery, written Notice of it has to be given within three (3)
consecutive days thereafter. In any Event, the Carrier and any
participating Carrier which might have been contracted by the Carrier
to fulfill the Contract of Carriage as specified on Page 2 (Face side
thereof) of this Bill of Lading, shall be discharged from any
Liability of whatsoever Nature unless Suit is brought within one (1)
Year after Delivery of the Goods, or when the Goods should have been
delivered, provided, however, that if any Claim should arise during a
Part of the Transport which is subject by applicable Law to a shorter
Period (nine Months in some Jurisdictions) for Commencement of Suits
any Liability whatsoever of the Carrier or his Contractors shall
cease unless Suit is brought within the shorter Period so specified
by compulsory Law. All necessary Documents have to be served upon the
Carrier leaving it at the Carrier's Head Office or with the Official
Agent.
  
12. Fire Neither the Carrier, nor a participating Carrier
which might have been contracted by the Carrier to fulfill the
Contract of Carriage as specified on Page 2 (Face side hereof) of
this Bill of Lading, are liable for any Loss of or Damage to the
Goods caused by Fire, unless such Fire shall be proven to be caused
by the Carrier through personal Design, Neglect or Privity. In any
case where this Exemption is not permitted by compulsory Law, and no
other defenses according to this Bill of Lading and / or applicable
Legislation would exonerate the Carrier from Liability, the Carrier
shall not be liable for Loss or Damage caused by Fire unless proven
to have been caused by gross Negligence.  
  
13. Both-to Blame Collision Clause If the Vessel on which the Goods
specified on Page 2 (Front side hereof) of this Bill of Lading are
carried (the carrying Vessel) comes into Collision with another
Vessel (non-carrying Vessel) as a result of the fault or negligence
of the other vessel, the consequences are that the losses are
set-off, recouped or recovered by the other (non-carrying) Vessel or
her Owners as part of their Claim against the Carrier (the carrying
Vessel). This Provision of the Carrier's non-liability remains in
Effect in other Jurisdictions even if unenforceable in the Courts of
the United States.  
  
14. General Average (Havarie Grosse) General Average shall be
adjusted according to the York-Antwerp Rules 1974, as amended, at any
Place at the Option of the Carrier, whether declared by the Carrier
or any Person or Vessel other than the Merchant. in the Event of
Accident, Danger, Damage or Disaster before or after the Commencement
of the Voyage, resulting from any Cause whatsoever, whether due to
Negligence or not, or with Consequences for which the Carrier is not
responsible by Statute, Contract or otherwise, the Goods, shippers,
Consignees may incur responsibility for above in Respect of the
Goods. If salving Vessel is owned or operated by the Carrier, Salvage
shall be paid for as fully as if said salving Vessel (or Vessels)
belonged to Strangers. Such Deposits the Carrier or his Agents deem
sufficient to cover the estimated Contribution of the Goods and any
Salvage and special Charges there-on shall, if required, be made by
the Goods, Shippers, Consignees or Owners of the Goods to the Carrier
before Delivery of the Goods, and if not so required, within three
months of the Delivery of the Goods, whether or not at the Delivery
the Merchant had Notice of the Carrier's Request for a required
Deposit Payment. The Carrier shall be under no Obligation to exercise
any Lien for General Average Contribution due to the Merchant. The
Merchant expressly renounces any and all Codes, Statutes, Regulations
or Laws which might otherwise apply, insofar as applicable Law
permits.  
  
15. Jurisdiction Any Suit to recover on any Claim for Loss or Damage
to the Goods carried under this Bill of Lading shall ultimately be
delivered at the Carrier's Headquarters, and be brought only in the
U.S. District Court for the Southern District of New York, in
accordance with the Applicable Laws. As an Alternative, provided all
Parties agree, the Claim may be settled by Arbitration at a Place to
be agreed on by all Parties. 
  
6.2 Handing charges of $100 for a prepaid shipment, or $125 for a collect
    shipment are payable upon issuance of Bill of Lading 
  
6.3 If the Merchant requests a revision to the Bill of Lading, unless
    this revision is to correct an error by the carrier, a correction
    charge of $25 will apply. 

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